Wed.Apr 26, 2023

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Fan Fiction Author Sues Amazon, Tolkien Estate

Plagiarism Today

A fan fiction author has filed a lawsuit against Amazon and the Tolkien Estate. Does the case have any chance at all? The post Fan Fiction Author Sues Amazon, Tolkien Estate appeared first on Plagiarism Today.

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Filing Your Trademark Application Early: A Cautionary Tale

Erik K Pelton

Erik shares a true story about the importance of early trademark protection, using a local business as an example in this video. The post Filing Your Trademark Application Early: A Cautionary Tale appeared first on Erik M Pelton & Associates, PLLC. Erik shares a true story about the importance of early trademark protection, using a local business as an example in this video.

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3 Count: Where Credit is Due

Plagiarism Today

Ed Sheeran testifies in Thinking Out Loud trial, Beijing court sides with software firm and Spotify discusses music and AI. The post 3 Count: Where Credit is Due appeared first on Plagiarism Today.

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Exploring opportunities in the generative AI value chain

McKinsey Operations

Generative AI is giving rise to an entire ecosystem, from hardware providers to application builders, that will help bring its potential for business to fruition.

Business 145
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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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Movie & TV Giants Want Australia to Introduce DNS Blocking to Prevent Piracy

TorrentFreak

The Australian government’s review of copyright enforcement measures aims to ensure that responses to infringement are “appropriate, effective and proportionate.” The Attorney-General’s Department released an issues paper for public consultation late 2022, presenting a golden opportunity for rightsholders to explain why measures they fought so hard for are no longer fit for purpose.

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Generative Artificial Intelligence and the Requirements of Open Source Software Licenses

JD Supra Law

Recently filed litigation against Microsoft Corporation, GitHub, Inc., and various OpenAI entities ("Defendants") highlights new challenges that generative artificial intelligence ("AI") presents and risks associated with open source software ("OSS") license compliance.

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All remote from day one: How GitLab thrives

McKinsey Operations

Sid Sijbrandij, cofounder and CEO of GitLab Inc., on how the organization builds a cohesive culture and helps its team members thrive in a fully remote workplace.

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A “Far-Reaching Decision” for the Copyrightability of Computer Programs

JD Supra Law

On April 6, 2023, the U.S. Court of Appeals for the Federal Circuit affirmed Judge Gilstrap’s ruling in SAS Institute, Inc. v. World Programming Limited, which effectively denied copyright protection to SAS Institute’s data analysis software. The decision is likely to have lasting implications for developers that seek to protect software through copyright law.

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CCC Celebrates World Intellectual Property Day 2023

Velocity of Content

Women and IP: Accelerating Innovation and Creativity Thousands of years ago, Enheduanna of Mesopotamia was writing works of art describing many aspects of the human condition. Considered to be the first named author in history, she was creating hymns and poems long before more well known authors like Homer and Shakespeare were honing their crafts. Innumerable women have followed in her footsteps, creating original works that inspire and innovate, shaping the world we live in today.

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China takes the first step to regulate generative AI

JD Supra Law

Generative AI tools, such as ChatGPT, have taken the world by storm and revolutionised various industries and aspects of daily life. While many authorities around the world are still exploring how to regulate generative AI services, China has taken the lead. Earlier this month, the Cyberspace Administration of China (the CAC) published the draft Measures on Managing Generative AI Services (the Measures) for public consultation.

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IPO Diversity in Innovation Toolkit

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

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Spring Art is Both Timeless and a Cheerful Breath of Fresh Air

Art Law Journal

Renewal, rebirth, purity, fertility, youth, beauty, love: See spring art anew by gathering examples of its themes throughout history and in the works of contemporary Artrepreneur artists.

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[Event] 21st Advanced Summit on Life Sciences Patents - May 18th - 19th, New York, NY

JD Supra Law

ACI’s 21st Advanced Summit on Life Sciences Patents returns to New York City, this May, to provide practical insights on how to maximize your patent term and develop strategies to enhance global protections for your patent portfolio. Effectively and strategically prosecuting patents is critical to business. In the face of district court litigations, inter-partes review and post-grant proceedings, a granted patent, no matter its content and history, remains vulnerable to attack.

Patent 98
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Managing IP EMEA Awards 2023: shortlists revealed

Managing IP

Managing IP will host a ceremony in London on June 21 to reveal the winners of the EMEA Awards

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Azurity Pharms., Inc. v. Bionpharma Inc. Epaned® (Enalapril Maleate)

JD Supra Law

Case Name: Azurity Pharms., Inc. v. Bionpharma Inc., No. 21-cv-1455, 2023 WL 122292 (D. Del. Jan. 6, 2023) (Goldberg, J.). Drug Products and Patent(s)-in-Suit: Epaned® (enalapril maleate); U.S. Patents Nos. 11,040,023 (“the ’023 patent”) and 11,141,405 (“the ’405 patents”).

Patent 98
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What Does it Mean to be an Inventor? The Inventor Diary Project and Kicking off the Diversity Pilots Initiative Blog Series

Patently-O

Guest Post by Colleen V. Chien , Founder of the Diversity Pilots Initiative (DPI), Professor of Law and Co-Director the High Tech Law Institute, Santa Clara University School of Law A down payment on a house, a sense of being seen, the pride of one’s parents and children, validation of one’s creativity, a permanent mark, and confidence – these are just some of the answers received to the question, “what does being an inventor mean to you?

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World IP Day

JD Supra Law

We celebrate World IP Day this year on April 26, commemorating 53 years of the World Intellectual Property Organization (WIPO) Convention’s implementation. This year’s theme is “Women and IP: Accelerating Innovation and Creativity.”.

IP 98
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Amazon Screws Up Its TOS Amendments (Again)–Jackson v. Amazon

Technology & Marketing Law Blog

This case involves “Amazon Flex” drivers. Allegedly, “Amazon monitored and wiretapped the drivers’ conversations when they communicated during off hours in closed Facebook groups.” Amazon claimed its TOS mandated arbitration. The Ninth Circuit disagrees. At issue are two versions of the TOS from 2016 and 2019. The named plaintiff, Jackson, agreed to the 2016 TOS.

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Bored Ape Yacht Club NFT Drama Isn’t Boring At All

JD Supra Law

Editor's Note: This article is the third in a series by Katten attorneys examining NFTs and various novel legal issues raised by NFTs. NFTs are a new medium that embodies traditional forms of intellectual property, including trademarks and copyrights. NFT creators can be simultaneously accused of infringing both trademark and copyright rights.

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Talking Women in IP for World IP Day: Mentorship, Mindsets and Managing Bias

IP Watchdog

In honor of World IP Day 2023, IPWatchdog yesterday hosted a webinar titled after this year's theme, “Women and Intellectual Property: Accelerating Innovation and Creativity.” The webinar was sponsored by IP.com and focused on the many ways that advocates for the U.S. intellectual property system can actively create an environment for young professionals to begin thinking about how they can approach careers in the field of IP law.

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Key Considerations for Clinical Investigators When Negotiating Clinical Trial Agreements

JD Supra Law

Clinical trials are an essential component of the research architecture for developing new drugs and devices. Research institutions and their clinical investigators (“Investigators”) play an important role in supporting drug and device manufacturers—the clinical trial sponsors (“Sponsors”)—in developing the data and evidence required to support regulatory submissions.

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Deputy Secretary of Commerce Don Graves Attends 2023 Space Symposium, Provides Keynote on Importance of Space to U.S. Economy

U.S. Department of Commerce

Deputy Secretary of Commerce Don Graves Attends 2023 Space Symposium, Provides Keynote on Importance of Space to U.S. Economy April 26, 2023 KCPullen@doc.gov Wed, 04/26/2023 - 14:59 Space commerce On April 19, U.S. Deputy Secretary of Commerce Don Graves addressed space leaders from around the world on the future of the space sector and ways to make space more commercially accessible at the Space Foundation’s Space Symposium in Colorado Springs.

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Key Issues in Generative AI Transactions

JD Supra Law

Over the past year, we have seen a dramatic increase in the adoption of AI technologies across industries. Because transactions involving AI technologies can resemble those involving traditional software, like SaaS agreements, parties often assume that their expectations from those standard agreements about what is reasonable and “market” should also apply to AI-related technology transactions.

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Building a culture that grows with the business: Lessons from Tibber

McKinsey Operations

Richard Eklund, chief technology officer of Tibber, discusses how the fast-growing energy company cultivates purpose, autonomy, and mastery.

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Key Considerations When Licensing Intellectual Property

JD Supra Law

Maybe you’re seeking new revenue streams. Perhaps you’re hoping to enter new markets. Or you feel that your best path at growth is through a strategic partnership. Whatever the reason, there are many times when entrepreneurs look to license their intellectual property (IP). These licensing agreements often are more complex than a simple sale. After all, there’s now an ongoing relationship between the licensor (the owner of the IP) and the licensee (the party given access to the IP).

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Patent Law Primer: A Newsletter Series on Key Patent Law Topics

Patently-O

I am happy to announce the launch of my newsletter series, “ Patent Law Primer: A Short Introduction to Key Issues in Patent Law ,” currently distributed through LinkedIn. This series is designed for a broader audience, making it accessible for anyone interested in the subject, not just patent attorneys. Each essay delves into legal and practical aspects of various patent law topics while weaving in stories of notable court cases and patent disputes, in an attempt to provide readers

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Event in Review: Forecasting Patent Litigation Trends in 2023

JD Supra Law

In a recent webinar sponsored by ChIPs, Venable associate Kaitlyn Rodnick moderated a panel that included Venable partners Megan Woodworth and Sarah Brooks, as well as Amanda Dittmar, in-house counsel at VIAVI Solutions. ChIPs, which stands for "Chiefs in Intellectual Property," is a nonprofit community that advances and connects women in intellectual property, technology, law, and policy.

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Judge 'Abused' Discretion In Abortion Pill Order, 5th Circ. Told

IP Law 360

The U.S. Department of Justice told the Fifth Circuit on Wednesday that a Texas federal court abused its discretion by issuing an order that would have blocked access to a common abortion medication had the U.S. Supreme Court not stepped in to stop it.

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AI & the FDA

JD Supra Law

The use of artificial intelligence (AI) in healthcare has been growing rapidly in recent years, and AI-enabled medical devices are playing a larger role in patient care. Such devices may use machine learning algorithms to analyze vast amounts of patient data and provide diagnoses as well as personalized treatment recommendations. In recent years, the FDA has approved various AI-enabled medical devices, some of which are discussed below.

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USPTO Floats Raft Of Significant Patent Fee Hikes

IP Law 360

The U.S. Patent and Trademark Office has proposed numerous patent fee increases that would take effect in 2025 if adopted, including notable hikes related to continuing applications, design patents and post-grant challenges that attorneys say could alter applicant behavior.

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Patent Poetry: PTAB: Claim Preclusion Doesn’t Apply to IPR Proceedings

JD Supra Law

The Patent Trial and Appeal Board (PTAB) has denied VLSI’s motion to terminate Intel’s involvement in an inter partes review (IPR) of a VLSI patent. VLSI and Intel are engaged in a legal war across several jurisdictions.

Patent 95
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Thomas Report Is Final Straw — High Court Needs Ethics Code

IP Law 360

As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.

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Last Week In The Federal Circuit (April 17 – April 21): Inherent Limits And Patent Enablement

JD Supra Law

We’re still waiting for the Supreme Court to issue its decision in Amgen v. Sanofi. But in the meantime, the Federal Circuit continues to provide insights into 35 U.S.C. § 112’s requirement to “enable” persons of skill in the art to “make and use” a claimed invention.

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Phish Tour To See Crackdown On Counterfeit Merch Sales

IP Law 360

A Washington state federal judge has issued a seizure order barring bootleggers from selling counterfeit Phish merchandise at shows remaining in the rock group's 2023 tour, saying the fake-goods sellers will cause irreparable injury to the band if they aren't stopped.

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Amazon Acts Against DMCA Abuse

JD Supra Law

Competition between Amazon’s third-party merchants is notoriously fierce. The online retail giant often finds itself playing the role of referee, banning what it considers unfair business practices (such as offering free products in exchange for perfect reviews, or targeting competitors with so-called “review bombing”).

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Comcast Beats Streaming TV Patent Fight During Jury Trial

IP Law 360

A Florida federal judge on Wednesday cleared telecommunications giant Comcast of claims that it infringed a rival's patent for a streaming service system, days into the parties' federal jury trial.

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